Engraving Request

FotoFX Engraving Services — Jack Daniel's Visitor Center, Lynchburg, Tennessee

By submitting an item for engraving, personalization, or other customization services ("Services") through FotoFX at the Jack Daniel's Visitor Center, you acknowledge that you have read, understood, and agree to the following Terms & Conditions ("Terms").

For purposes of these Terms, "you" or "your" means the individual requesting the Services and, where applicable, the company, organization, team, or business that the individual represents. "FotoFX," "we," "us," or "our" refers to FotoFX and its authorized representatives. "Item" or "Product" means the bottle, glassware, decanter, flask, or other item submitted for Services. "Personalization" means engraving, etching, marking, or otherwise customizing an Item.

1. Customer Eligibility

You represent and warrant that:

• You are at least 21 years of age.
• You are legally authorized to request the Services.
• You are the lawful owner of the Item or have permission from the lawful owner to have the Item personalized.
• Any information, artwork, logos, names, designs, or other materials you provide to FotoFX may legally be used for the requested Services.

We reserve the right to request proof of age, ownership, authorization, or other information necessary to complete a request.

2. Customer-Provided Artwork and Intellectual Property

You are solely responsible for ensuring that any artwork, logo, photograph, name, phrase, design, or other content you submit for personalization does not violate the rights of another person or entity.

You represent and warrant that you have all necessary rights, permissions, and authorizations to use any customer-provided artwork or other content submitted to FotoFX.

You agree that FotoFX may refuse to personalize any Item if we believe the requested design:

• Infringes or may infringe another party's copyright, trademark, trade name, service mark, right of publicity, or other intellectual property right;
• Uses a company name, logo, military insignia, sports team or event name, celebrity likeness, musical artist or band name, television or movie property, or other protected material without appropriate authorization;
• Contains content that is unlawful, threatening, defamatory, obscene, indecent, or otherwise inappropriate;
• Could reasonably be interpreted as offensive or harmful to the reputation of Jack Daniel's, FotoFX, or their respective brands; or
• Could create the impression that a personalized Item is an officially authorized limited edition, special release, or product of Jack Daniel's when it is not.

You agree to indemnify, defend, and hold harmless FotoFX, Jack Daniel's, and their respective owners, affiliates, employees, representatives, and agents from and against claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to artwork or other content supplied by you, including claims that the artwork or content infringes or violates the rights of another person or entity.

3. Jack Daniel's Intellectual Property

You may not request personalization using Jack Daniel's intellectual property without prior authorization.

Jack Daniel's intellectual property includes, but is not limited to:

• Jack Daniel's product names and abbreviated names;
• Product logos, labels, and trade dress;
• The names, images, likenesses, or signatures of Jack Daniel and Jack Daniel's Master Distillers;
• Images or artwork from Jack Daniel's advertising or marketing campaigns;
• The names or logos of the Tennessee Squire Association; and
• Other trademarks, logos, names, designs, or intellectual property owned or controlled by Jack Daniel's.

FotoFX reserves the right to refuse any requested personalization that has not received the appropriate authorization.

4. Prohibited Content

FotoFX reserves the right, in its sole discretion, to refuse any personalization request that contains content that:

• Encourages excessive or irresponsible alcohol consumption;
• Encourages consumption of alcohol by anyone under the legal drinking age;
• Encourages unlawful, dangerous, or irresponsible behavior;
• Is obscene, sexually explicit, hateful, threatening, or otherwise inappropriate;
• Could reasonably damage or negatively affect the reputation of Jack Daniel's, FotoFX, or their respective brands; or
• Violates any applicable law or regulation.

Our acceptance of an engraving request does not constitute an endorsement, sponsorship, or approval of the content or message being engraved.

5. Artwork Approval and Customer Responsibility

Where applicable, FotoFX may provide a digital or physical mockup of the requested personalization for customer review.

The customer is responsible for carefully reviewing and approving the final design before engraving begins.

Once you approve a design, FotoFX will use reasonable care to reproduce the approved design on the Item. You acknowledge that the final engraved result may vary slightly from a digital mockup due to the material, shape, size, surface, curvature, finish, and other physical characteristics of the Item.

Once engraving has begun, changes to the design may not be possible.

FotoFX is not responsible for errors in names, dates, spelling, artwork, or other information that was supplied or approved by the customer.

6. Nature of Engraving and Variations

Engraving is a permanent process. Because each Item is different, the final appearance of an engraving may vary.

Differences may occur due to:

• The material and finish of the Item;
• The shape or curvature of the Item;
• Variations in glass, metal, ceramic, wood, or other materials;
• Variations in artwork quality or resolution;
• The size at which artwork must be reproduced; and
• Normal variations associated with the engraving process.

Very fine details, gradients, shading, photographs, or intricate artwork may not reproduce exactly as they appear in the original digital artwork.

By approving the engraving, you acknowledge and accept these inherent variations.

7. Risk of Damage

You acknowledge that engraving involves the use of specialized equipment and that Items—particularly glass bottles, glassware, decanters, and other fragile products—may carry an inherent risk of scratching, cracking, chipping, breaking, or otherwise being damaged during handling or engraving.

FotoFX will exercise reasonable care when handling your Item. However, to the fullest extent permitted by law, FotoFX is not responsible for damage that results from an inherent characteristic, defect, weakness, prior damage, manufacturing defect, or other condition of the Item that is not caused by FotoFX's failure to exercise reasonable care.

If an Item is damaged during the engraving process due to circumstances for which FotoFX is responsible, FotoFX's responsibility will be limited to the remedies specifically required by applicable law.

8. Customer-Supplied Items

If FotoFX accepts an Item supplied by the customer, the customer represents that the Item is suitable for engraving and is free from undisclosed defects, damage, or conditions that could reasonably affect the engraving process.

FotoFX reserves the right to decline to engrave any customer-supplied Item that we determine may be unsuitable, unsafe, damaged, defective, or otherwise inappropriate for engraving.

9. No Guarantee of Exact Reproduction

FotoFX does not guarantee that a final engraving will exactly reproduce the appearance of an original digital file, photograph, logo, drawing, or mockup.

By requesting the Services, you acknowledge that engraving is a physical process and that reasonable variations in depth, appearance, positioning, texture, and detail may occur.

10. Pickup and Unclaimed Items

Customers are responsible for retrieving completed Items within the timeframe communicated by FotoFX.

FotoFX is not responsible for Items left unclaimed after the applicable pickup period. Any unclaimed Item will be handled in accordance with applicable law and FotoFX's then-current procedures.

11. Promotional Photography and Use of Images

By submitting an Item for engraving, you grant FotoFX and its authorized representatives a non-exclusive, worldwide, royalty-free, perpetual license to photograph the engraved Item and to use photographs or other images of the completed Item for advertising, marketing, promotional, social media, website, portfolio, educational, and other legitimate business purposes.

This permission applies to photographs of the Item and its engraving and does not grant FotoFX permission to use your name, likeness, voice, or other personal identifying information for promotional purposes unless separately authorized.

You understand that promotional images may be edited, cropped, reproduced, published, displayed, or combined with other materials without additional notice or compensation.

You acknowledge that FotoFX does not guarantee that any photograph of your Item will be used or published.

If your Item contains artwork, logos, trademarks, or other intellectual property belonging to a third party, you represent that you have the authority to permit the display and use of that artwork in promotional photographs. You remain responsible for obtaining any permissions necessary for such use.

12. Customer Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless FotoFX, Jack Daniel's, and their respective owners, parents, subsidiaries, affiliates, employees, officers, agents, representatives, and contractors from and against any claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your submitted artwork or other content;
• Your violation of these Terms;
• Your violation of another person's or entity's intellectual property or other rights;
• Your unauthorized use of trademarks, logos, names, images, or other protected material;
• Your representation that you own or have permission to use submitted materials; or
• Your unlawful use or possession of the Item.

13. Limitation of Liability

To the fullest extent permitted by applicable law, FotoFX, Jack Daniel's, and their respective owners, affiliates, employees, agents, representatives, and contractors will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or relating to the Services.

To the fullest extent permitted by law, FotoFX's total liability arising from or relating to the Services will not exceed the amount actually paid by the customer for the specific engraving service giving rise to the claim.

Nothing in these Terms is intended to exclude or limit liability that cannot legally be excluded or limited under applicable law.

14. Right to Refuse or Cancel Services

FotoFX reserves the right to refuse, cancel, or discontinue any engraving request at any time if, in our judgment, the requested work:

• Violates these Terms;
• May violate applicable law;
• May infringe the rights of another person or entity;
• Contains prohibited or inappropriate content;
• Requires authorization that has not been provided; or
• Cannot reasonably be completed due to the condition, material, shape, size, or other characteristics of the Item.

If FotoFX declines a request before engraving begins, any refund or other remedy will be handled in accordance with the applicable purchase and refund policies.

15. No Endorsement

The completion of an engraving or personalization request does not constitute an endorsement, sponsorship, partnership, or approval by FotoFX or Jack Daniel's of the customer, organization, team, individual, artwork, message, or other content appearing on the Item.

16. Alcohol and Legal Compliance

You acknowledge that alcoholic beverages may be included among Items submitted for engraving.

Nothing in these Terms authorizes the purchase, possession, transportation, transfer, or consumption of alcoholic beverages in violation of applicable law.

Customers must comply with all applicable federal, state, and local laws and regulations, including laws concerning the purchase and possession of alcoholic beverages.

17. Governing Law

These Terms and any dispute arising from or relating to the Services will be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict-of-law principles.

Any provision of these Terms that is determined to be invalid or unenforceable will be modified or severed only to the extent necessary, and the remaining provisions will remain in full force and effect.

18. Acknowledgment and Agreement

By submitting an Item for engraving, approving an engraving design, or otherwise requesting FotoFX's Services, you acknowledge that:

1. You have read and understand these Terms & Conditions;
2. You agree to be bound by these Terms & Conditions;
3. You understand that engraving is permanent and may involve inherent variations and risks;
4. You are responsible for the legality and ownership or authorized use of any artwork or content you provide;
5. You have reviewed and approved the requested engraving design where applicable; and
6. You understand and agree to the promotional photography provisions contained in these Terms.

By proceeding with the engraving service, you acknowledge and agree to these Terms & Conditions.